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2012-04-18CITY OF BEVERLY PUBLIC MEETING MINUTES Board: Harbor Management Authority Date: April 18, 2012 Location: City Council Chambers Members Present Chair Paul Earl, Charles Raymond, Don Neuman, Sylvan Menezes, Maureen Troubetaris, David Suminsby, Chris D'Alfonso, Rinus Oosthoek, George Simon, Wes Slate and Paul Miedzionoski Members Absent: Chris D'Alfonso Others Present: Rob Dever (Beverly Marina Manager) Recorder: Eileen Sacco Earl called the meeting to order at 6:30 p.m. Adiourn to Executive Session Neuman moved that the Harbor Management Authority adjourn to Executive Session at this time for the purpose of discussing pending litigation and the HMA will be returning to open session this evening. Troubetaris seconded the motion. Earl called for a roll call vote on the motion as follows: Raymond Yes Neuman Yes Menezes Yes Troubetaris Yes Suminsby Yes Oosthoek Yes Simon Yes Slate Yes Miedzionoski Yes Earl Yes Ten members voting. Ten members voting in the affirmative. The motion carries (10 -0). The Harbor Management Authority reconvened to public session at 7:15 p.m. Harbor Management Authority April 18, 2012 Page 1 of 7 Sea Station Presentation Michael Medlock addressed the HMA and made a presentation of their maritime education proposal. He identified the members of the Board of Directors as being himself, Mike McMahon, Jim Wilkie, James Eckert, Larry Dugan, Tom Goulding and Lynn Medlock. He explained that the mission of their program is to promote maritime education, research and recreation on the water of Salem Sound. Medlock reviewed the program and noted that they have plans to build an aluminum landing craft 32 -34', COI for 24 -30 passengers and they are requesting reserved transient docking at the public docks and ramp. Medlock explained that they would provide shuttles to the Misery Islands, Educational Camps, Coastal Tours, Scuba Diving Trips, Fishing Trips and provide sea grass research support. He explained the frequency of the trips for peak season, June — July — August, 3 -4 trips on the weekdays and 6 -7 trips on the weekends and off peak season May — September — October, 4 trips per day on the weekends. Medlock reviewed the timeline for getting their operation up and running as follows: Spring 2012 — Secure written permission from local governments for loading and unloading sites and obtain business licenses, determine fees for docking, mooring, retailing etc. Summer 2012 — Finalize acquisition of vessel, education curriculum development, operating policies, and procedures development. Fall 2012 — Negotiate arrangements with non - profits and for profits businesses for operational and strategic support, website development for information, ticketing and marketing. Winter 2013 — Assemble roster of on the water educators and roster of captains crew, and begin marketing. Spring 2013 — Begin operations. Medlock reported that they have been in touch with the EPA and have proposed participation in eel grass research etc. Medlock explained that the Beverly Public Schools and the Montessori School are supportive of the program and are interested in participating in the activities that will be offered. Slate addressed Medlock and noted that he is very familiar with the Misery Islands and he thinks that this kind of activity will be good for the area noting that it is hard to get to. Troubetaris asked how many times a day they would be transient docking at the marina. Medlock stated that depending on the peak or off season the trips per day would vary from 3 -4 or Harbor Management Authority April 18, 2012 Page 2 of 7 6 -7 trips per day. He estimated that they would be in the space to load and unload for about 20 minutes at a time. Oosthoek asked if they would be selling tickets at the dock. Medlock explained that they are intending to have presale tickets sold on the internet and they have no plans for a ticket booth at this time. Dever asked how much the tickets would cost. Medlock stated that they would be $25.00 per person. There being no further questions or comments regarding this matter, Earl thanked Medlock for the presentation and attending the meeting. Beverly Port Marine Notice of Intent Presentation Jon Silver representing Beverly Port Marine addressed the HMA and made a presentation on the Notice of Intent that has been filed with the Beverly Conservation Commission for work on their seawall. He explained that two years ago the wall pulled away in the travel lift pit and it was fixed as an emergency at the time. He explained that they drove 7 piles with 3 batter piles to secure it but now they need a better solution. He explained that in the planning process they had an idea for lateral public access along the seawall by extending the seawall straight across to within 11 '/z feet of the Thibodeau property line. He explained the location on the plan. He explained that the proposal allows for a buffer from wave action. He also noted the location of the fuel tanks on the site. He explained the proposed construction and the areas on the site that will be affected. Troubetaris asked about the tidal area proposed to be filled on the site. Silver estimated that it is approximately 5,800 s.f and noted the location on the plan. Dever asked who would be doing the engineering for the project. Silver explained that Griffin engineering is doing the permitting but he is not sure if they will be the engineer for the project. He explained that they would like to start the work in the fall. David Smith, representing the Thibdeau's addressed the HMA and asked what the proposed shed will be used for. Silver stated that they would store parts and the ice machine in there. Smith asked what the size proposed travel lift area would be compared to the current traveler pit. Silver stated that it would be the same size approximately 37 feet. Smith stated that the Thibodeau's oppose this plan. He further explained that if it were just repairs or just filling in of the existing pit area they would agree to that but they are concerned about the expansion of the seawall. He stated that they have concerns about the proposed changes to the seawall and how the resulting changes to wave action in the area could impact their property. They are waiting for their expert to review the plans. He also noted that they are concerned that the proposal to expand the seawall will have an impact on navigation. Harbor Management Authority April 18, 2012 Page 3 of 7 Smith also noted the former location of the fuel tanks. Silver explained that the fuel storage tank was buried underground prior to the Kinzies owning the property. He explained that moving the fuel tank is not a viable option and there is no other location to put them. Smith also noted that the location of property line as depicted is in dispute with the DER Silver noted that the State Fire Marshall inspected the site and he did not see anything blocking the main fuel shutoff There being no further questions or comments regarding this matter, Earl thanked them for the presentation. Earl asked the HMA members for recommendations regarding this matter. Neuman noted that there is ongoing litigation with the BPM and the City of Beverly and moved that the HMA request that the Conservation Commission deny the Notice of Intent, or take no action on it, until adjudicatory progress is made. Troubetaris questioned if the Conservation Commission has reviewed this and confirmed that the proposed work is legal and within their jurisdiction. Neuman explained that the Conservation Commission is not involved in the litigation. He also noted that they have a site visit scheduled for Saturday morning and members of the HMA should attend if they are available. Slate stressed to the members the importance of having a unanimous vote on the motion Neuman had offered. Suminsby stated that while he would likely be the only member to possibly offer a dissenting opinion on the motion, he would go along with it. Suminsby expressed concern about continuing the current adversarial relationship Beverly Port Marine, and expressed a desire to see the Harbor Management Authority move past that and hopefully be able to work with them in the future to resolve any problems that exist down there. Neuman moved to send a letter he had drafted to the Conservation Commission from the Harbor Management Authority recommending that the NOI be denied until adjudicatory progress is made. Oosthoek seconded the motion. The motion carried (10 -0). Public Input George Whitney addressed the HMA and stated that the land was acquired using state funds and the land is to be used for passive recreational purposes. He referred to the proposed Black Cow project noted that for certain applications the city and the state needed permits and he has been unable to determine which permits have been granted. He further explained that he was told in August that all permits for the Black Cow project have been granted and he has sent a memo to Roy Gelineau but has received no response to it. He also stated that he sent a letter to Paul Earl requesting further information from the Harbor Management Authority. He stated that he would like copies of the approvals and asked if a long term lease has been granted to the Black Cow. Harbor Management Authority April 18, 2012 Page 4 of 7 Slate explained that the lease has not been negotiated, noting that discussions have been held with the Mayor but no agreement has been made. Troubetaris noted that all leases have to go out to bid in accordance with Chapter 30B. Minutes The minutes of the Harbor Management Authority meeting held on March 21, 2012 were presented for approval. Earl suggested that the matter of the minutes be postponed to the May meeting. Slate moved to postpone the approval of the minutes to the May meeting. Troubetaris seconded the motion. Motion carried 10 -0. Facilities Marketing of Slips Dever explained that there is an ad on Craigslist and a notice on the HMA Facebook page as well advertising the availability of slips at the marina. Earl asked how many open slips there are. Dever stated that there are four 40 foot slips available. Earl suggested that the ads be updated to reflect that the slips are 40 feet. Suminsby noted that the HMA had discussed putting a banner up on the other side of the Brown Building. Earl agreed and suggested that he banner be put on the roof of the Brown Building. Suminsby stated that he would take care of that. Suminsby stated that the new website for the marina GloverWharf.com is up. Suminsby stated that he sent an email to John Dunn suggesting changes for the city website for the HMA. He will follow up with a phone call. Oosthoek stated that he would do a press release for the newspapers and requested that member send him photos etc. Brown Building Dever reported that the Brown Building has been moved. He noted that there is no power there yet. Dever explained that the rest of the renovations to the Brown Building will be a winter project noting that it is on the DPW list. Gate Dever reported that the gate is working. Harbor Management Authority April 18, 2012 Page 5 of 7 Weekly Fees Dever reported that he has been getting requests from people for weekly rates. Earl suggested that the weekly rate remain the same as last year. Neuman asked if there are any leases in arrears for payment. Dever stated that he talked to McPherson and reported that the last bills have been sent out. He explained that if any money is not paid it will be referred to the City Solicitor for action. Finance Report Earl reported that he and Paul Miedzionoski met with John Dunn. He reported that he will be sending a new format for the budget. He requested that members send suggestions for the budget to him for the next meeting. Grants Committee Simon stated that there is nothing to report this evening. Dever noted that the next meeting of the Seaport Council is April 5 th in Scituate. He noted that the June meeting will be dealing with North Shore issues. Bass River Neuman reported that the Public Comment period for the Chapter 91 License is open until April 19, 2012. He stated that the Army Corp permits may be a concern as there may be mitigation requirements. Si2nne Proiect Oosthoek reported that the signs have arrived and we are waiting for the city to install them. Data Base Neuman reported that he is continuing to update the data base for the HMA on the server. Harbor Fest Dever reported that for some reason the Harbor Master's office did not think that tying the Harbor Fest to the Lobster Boat races was a good idea. Earl suggested that the second annual Harbor Fest be held in September. He also stated that he would contact Beverly Main Streets and the Chamber of Commerce to collaborate with them on this event. He noted that they were very supportive last year. Harbor Management Authority April 18, 2012 Page 6 of 7 Ordinance Update Troubetaris reported that she filed the ordinance change request with the Council but due to a numbering issue it was placed on file. She stated that she needs to figure this out and there is a Legal Affairs meeting on Monday evening. Next Meeting The next meeting of the Harbor Management Authority will be held on Wednesday, May 16, 2012. Adjournment There being no further business to come before the Harbor Management Authority this evening, Oosthoek moved to adjourn the meeting. Troubetaris seconded and the motion carried. The meeting was adjourned at 9:15 p.m. Harbor Management Authority April 18, 2012 Page 7 of 7